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Child Benefit Act

Original Language Title: Lapsilisälaki

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Child benefit law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1 (9.7.2004)
Purpose and scope of the law

In accordance with this law, child benefit is paid under this law for maintenance of a child under the age of 17. The application of this law to a child shall be governed by the law on the application of social security legislation (15/071993) Included.

§ 1a (12/98)
Right to child allowance based on work

In accordance with this law, child benefit is also paid under the law on the application of social security legislation (1573/1993) Article 3b And the worker who fulfils the requirement for a residence permit in accordance with Article 3c (2) (2). However, child benefit is not paid if the worker's right to work is based on a foreign law (301/2004) (3) (4) or Article 79, or if the worker is authorised to work for a maximum period of six months.

ARTICLE 2
Coordination of benefits

The amount of the child allowance may be deducted from the same period of time for the same child under the legislation of a foreign country or a similar benefit based on a binding or other international agreement.

ARTICLE 3
Implementation

The tasks under this law shall be exercised by the Social Insurance Institution.

Unless otherwise provided for in this Act, the implementation of this law shall apply mutatis mutandis to the sickness insurance law (164/63) Is provided for by the implementation of maternity, paternity and parental leave.

Sickness insurance 364/1963 Has been revoked by Sickness Insurance 1224/2004 .

§ 4
Financing

The State shall reimburses the costs of benefits payable to the National Pensions Office under this Act.

Before the date of payment referred to in Article 10, the Social Insurance Institution shall inform the State of the amount of child allowances payable in the month. (312.2002/1034)

On the basis of the notification referred to in paragraph 2, the State shall pay the national pension institution the amount of the declaration no later than one business day before the date of payment of the child benefits. (14.6.2001/530)

§ 5
Operational expenditure

Operational expenditure arising from the implementation of this law shall be considered as operating expenditure for the National Pensions Office.

ARTICLE 6
Right to raise child allowance

The right to raise the child allowance is the parent or guardian of the child who is serviced by the child. If there is doubt about the person entitled to raise the child allowance, the right to raise the child allowance to the person who is mainly responsible for the care and upbringing of the child shall be entitled to child benefit.

If a child is treated and raised by a person other than the person referred to in paragraph 1, he shall have the right to raise the child allowance.

§ 7 (12/12/2011)
Amount of child allowance

The child allowance is EUR 95,75 per calendar month.

If the person referred to in Article 6 is entitled to increase the number of children from more than one child, the child allowance shall be EUR 105,80 for another child, EUR 135,01 for the third child, EUR 154,64 for the fourth child and for each of the following children: EUR 174,27 per calendar month.

For the child of a single parent, the child allowance shall be paid by EUR 48,55 per calendar month. For a single person, this law refers to a person entitled to raise the child allowance, who, at the beginning of the month of payment of the child allowance, is not married or who, before the beginning of the month of payment, has been separated from his spouse in order to put an end to the common life. However, a single person is not regarded as a single person who, without any marriage, is constantly living in a common household under marital conditions with another person.

If the child is paid to the municipality as referred to in Article 11 (1) and the child benefit is paid to the municipality, or if the child benefit is paid to the child under Article 12 (1), the child benefit shall be EUR 95,75 in the calendar month. However, the child allowance for a single child shall be paid, increased by EUR 48,55, in the calendar month.

§ 8
Paid time

The child allowance shall be paid from the beginning of the calendar month following which the child was born or entitled to the child allowance, until the end of the calendar month in which the child reaches the age of 17. (17.12.1993/1234)

If a child dies or in circumstances such a change occurs, that entitlement to a child allowance ceases, the payment of the child allowance ceases from the beginning of the following calendar month.

Child benefit is not paid from the beginning of the calendar month from which the child begins to receive the National Pensions Act (19,16) A disability pension. (17.12.1993/1234)

§ 9
Application

Child benefit is sought from the local office of the National Pensions Office.

No child allowance shall be granted retroactively for a period longer than six calendar months prior to its application.

ARTICLE 10
Method of payment and loss of child allowance (25/10/2015)

The child allowance shall be paid per calendar month for an account declared by the person entitled to raise the child allowance in the European Union. The Ministry of Social Affairs and Health determines the date of payment. (25/10/2015)

However, a single consignment of children may be paid in a manner other than that provided for in paragraph 1 if it is not possible to pay the account, or if the person entitled to raise the child allowance presents a particular reason for the National Pensions Office.

A child supplement shall be lost if it has not been raised within six calendar months of the end of the calendar month during which it has been brought up, unless it is considered reasonable otherwise.

ARTICLE 11
Paying by institution and family care

If the child is at the expense of the municipality at the expense of the institution or family for a longer period of time, the child allowance shall be paid from the municipality at the beginning of the following calendar month from the beginning of the following calendar month for the municipality, who shall, in the first instance, Of their treatment costs. In this case, the child shall be credited with the care costs for which a private person, a municipality or a State is responsible. Any surplus shall be accounted for by the child allowance.

When the child is a family carer (12/92) , the Social Insurance Institution may, after consulting the social committee, entitle the family nurse to raise the child allowance.

ARTICLE 12
Payment in special cases

Notwithstanding the provisions of Articles 6 and 11, the Social Insurance Institution may decide, in the interests of the child, after consulting the social committee, to decide that the child allowance shall be paid to the child of 15 years.

For particularly weighty reasons, the National Pensions Institute may, on the basis of a proposal from the Social Board, order the child allowance to be passed on to another parent or guardian of the child, to any other appropriate person or social committee. For child support.

ARTICLE 13
Notification time at the time of the change

In accordance with Article 11 (1) and Article 12 (2) of the Social Board, the municipality must make a change in the payment of the child allowance to the National Pensions Office at least 2 weeks before the date of payment in accordance with Article 10 (1).

ARTICLE 14 (18.4.1997/335)
Recovery recovery

If the benefit under this Act has been paid unduly or in excess of the amount, the benefit must be recovered.

Recovery may be waived, in whole or in part, where this is deemed reasonable and without undue payment due to the fraudulent conduct of the person entitled to raise the child allowance or his or her representative, or if unduly The amount paid is limited. In addition, recovery may be waived, even after the adoption of the decision on recovery, where, in view of the beneficiary's financial situation, it is no longer appropriate to continue or to recover The extension would entail disproportionate costs in relation to the amount of the benefit to be recovered. (7.5.2004)

The amount to be recovered can be offset by the benefit paid later by the National Pensions Office. However, in the absence of consent, the receipt may only be applied to any other benefit under this law or equivalent.

A final decision on recovery can be carried out, such as a legal judgment.

Article 14a (7.5.2004)
Obsolescence of recovery claim

The decision to recover the undue payment shall be made within five years from the date of payment of the benefit. The recovery decision established by the recovery decision shall expire five years after the date of adoption of the decision, unless the limitation period has been terminated. The limitation period laid down by the recovery decision shall be broken down as from the date on which the (2003) Articles 10 or 11 provide. This limitation period shall begin to run by a new limitation period of five years.

§ 15
Appeals appeal

The decision of the National Pensions Office shall not be subject to appeal against the decision of the Social Security Board of Appeal and the decision of the Social Security Board of Appeal dissatisfied with the right of insurance. The decision to appeal shall not be appealed against. The Social Security Appeals Board is governed by the Law on the Board of Appeal of Social Security (1299/2006) . (22/12/06)

The letter of appeal shall be submitted to the National Pensions Office within 30 days of receipt of the decision by the appellant. (18.4.1997/335)

The decision of the Social Insurance Institution shall, in spite of the appeal, be complied with until a decision has been taken by a final decision.

Article 15a (18.4.1997/335)
Self-adjustment

If the Social Insurance Institution fully accepts the requirements set out in the complaint submitted to it, it shall take a decision on the matter. An appeal shall be brought against the decision of the amendment as provided for in Article 15.

If the National Pensions Office cannot rectify the contested decision as mentioned in paragraph 1, it shall, within 30 days of the end of the period of appeal, submit a statement of appeal and its opinion to the appeal body concerned. In such a case, the Social Insurance Institution may, by way of a temporary decision, correct its previous decision in so far as it accepts the claim made in the complaint. If the appeal has already been submitted to the appeal body, the provisional decision shall be notified to it without delay. The interim decision shall not be subject to appeal.

The period referred to in paragraph 2 may be waived if the request for further clarification as a result of the complaint is required. In that case, the applicant shall be informed without delay. However, the statement of appeal and the opinion shall always be submitted to the appeal body concerned within 60 days of the end of the appeal.

Article 15b (22/12/06)
Complaint delay

Although the appeal to the Appeals Board or the Code of Insurance has arrived after the deadline laid down in Article 15, the appeal may be admissible if there have been compelling reasons for the delay.

Article 15c (22/12/06)
Decommissioning

If the final decision of the National Pensions Office is based on an incorrect or incomplete statement or appears to be contrary to the law, the Board of Appeal of the Social Security Board may, at the request of the interested party or the People's Pensions Office, remove And shall refer the matter to the Court again. The Social Security Review Board shall provide the parties with the opportunity to be heard before a decision is taken. The decision of the Board of Appeal shall not be appealed against. (17/06/2015)

Where the final decision of the Appeals Board of Social Security or the Law of Insurance is based on an incorrect or incomplete statement or appears to be contrary to the law, the right of the right to insurance may be requested by the party or the People's Pensions Office Withdraw the decision and refer the matter to the Court again. The right of insurance shall provide the parties with the opportunity to be heard before a decision is taken.

If the Social Insurance Institution makes a decision to lift the decision, it may suspend the payment of the benefit or pay it in accordance with its request until such time as the matter has been resolved.

The removal of the decision shall be submitted within five years from the date on which the decision was taken. For particularly weighty reasons, the decision may be deleted from the application made after the deadline.

If a case involving a refusal of an advantage or an increase in the advantage granted appears in the new report, the Social Insurance Institution shall review the case. The national pension institution may, without prejudice to an earlier decision, grant an advantage or grant an advantage greater than in the past. Similarly, the Appeals Board for Social Security and the right of insurance may proceed accordingly when dealing with the appeal. The decision shall be subject to appeal as provided for in Article 15.

The consultation referred to in paragraphs 1 and 2 shall be forwarded for information to the administrative law (434/2003) Provides. (17/06/2015)

Article 15d (30.12.2003/1329)
Correction of a mistake

Where the decision of the People's Pensions Office is based on a manifest error or lack of clarity or a procedural defect in the application of a manifest error of law or a decision, the Social Insurance Institution may withdraw its incorrect decision and Resolve the case.

The decision may be rectified to the benefit or to the detriment of the party. The correction of the decision to the detriment of the party shall be subject to the agreement of the party concerned.

ARTICLE 16
Obligation to provide information

The claimant is obliged to inform the local office of the National Pensions Office in the manner prescribed by the National Pensions Office in order to provide the information necessary for the award of the child allowance. The person entitled to raise the child allowance shall also be required to report any changes affecting the child allowance.

Without prejudice to confidentiality rules and other information on access to information, the National Pensions Office and the Appellate Body under this Act shall have the right to obtain the information necessary for the resolution of the benefit before the request, or Necessary information which, by the way, must be taken into account in order to carry out the tasks set out in this law or in any other international instrument on social security which is binding on Finland:

(1) from the State and the municipality and from any other body governed by public law;

2. On the status and rights of the patient (785/1992) The health care unit referred to in paragraph 4, as well as from the social service provider and other care facility.

(9.8.2002/694)

The National Pensions Office shall, in an individual case, be entitled to use the benefit under this law in dealing with the other information received for the performance of the tasks assigned to it, if it is apparent that they affect the benefit under this law and the information is: The law would have the right to take into account decision-making and the National Pensions Office would have the right to obtain such information separately. (9.8.2002/694)

Without prejudice to the provisions on confidentiality and other information, the municipality shall notify the National Pensions Office if it is aware that the child is in the institution or family referred to in Article 11, or that the child has moved to another municipality. (9.8.2002/694)

Article 16a (9.8.2002/694)
Technical connection

The National Pensions Office shall, in addition to the provisions of Article 29 (3) of the Law on the Activities of the Authorities, have access to a technical service, under the conditions laid down in Article 16 (2) and (4), Information.

The technical service opened on the basis of this section shall also be used to retrieve confidential data without the consent of which the obligation of professional secrecy has been laid down. Before opening a technical service, the requesting information shall provide a statement that the data protection is adequately protected.

Article 16b (9.8.2002/694)
Notification obligation

The National Pensions Office shall provide the applicant with information in advance, in the most appropriate manner, on where the information may be acquired and where it can be lawfully disclosed.

§ 17
Output and transfer ban

You can't foreclose the child.

The agreement, which refers to the transfer of a right under this law, is null and void.

ARTICLES 18 TO 19

Articles 18 to 19 have been repealed by L 21.5.1999/623 .

§ 20
Derogation from law

The provisions of this Act may be departed from under an international agreement binding on Finland.

ARTICLE 21 (17.12.2010/1144)
Indexisdicity

The amounts referred to in Article 7 of the Act are revised in accordance with the Act on National Pensions (2003) Provides.

Notwithstanding paragraph 1, an amendment under the National Pensions Act shall not be carried out in 2013-2015. (30.11.2012/713)

L to 713/2012 Article 2 is provisionally in force from 1 January 2013 to 31 December 2015.

§ 22
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted, where appropriate, by a regulation.

ARTICLE 23
Entry into force

This Act shall enter into force on 1 January 1993.

This law repeals the Child Supplementary Code of 22 July 1948. (19,29) With its subsequent modifications.

If, before the entry into force of this Act, any other law or regulation or decision has referred to the repealed Act on the Child Supplementary Code, the reference shall be deemed to be subject to the corresponding provision of this law mutatis mutandis.

Before the entry into force of this Act, measures may be taken to implement it.

§ 24
Transitional provisions

The child allowance payable upon entry into force of this Act shall be amended as from 1 January 1993 without an application to this law.

From 1 January 1993, the Social Insurance Institution shall decide, in accordance with this law, all child-related matters. In that case, if the right to child benefit has begun before the entry into force of this Act, the law referred to in Article 23 (2) shall apply to the period prior to the entry into force of this Act.

However, in accordance with the law referred to in Article 23 (2) before the entry into force of this Act, the social committee shall, before 1 January 1993, decide the period before 1 January 1993.

Before the entry into force of this Act, the municipality and the social and health authorities shall disclose the relevant information to the National Pensions Office.

THEY 37/92 , StVM 10/92

Entry into force and application of amending acts:

17.12.1993/1234:

This Act shall enter into force on 1 January 1994.

Upon entry into force of this Act, the child allowance shall be changed from the date of entry into force of this Act without an application to comply with the provisions of this Act. However, in order to obtain a child allowance for a single parent, an application referred to in Article 9 (1) shall be required.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 75/93 , StVM 46/93, SuVM 7/93

ON 30.12.1993/1580:

This Act shall enter into force on 1 January 1994.

If the child benefit is paid on the basis of Article 1 (2) and (3) of the law applicable at the time of entry into force of this Act, its payment shall continue regardless of the entry into force of this Act, irrespective of the law in force when the law enters into force.

THEY 287/93 , StVM 57/93

21.4.1995/666:

This Act shall enter into force on 1 September 1995.

THEY 94/93 , LaVM 22/94, SuVM 10/94

30 JUNE 1995 TO 1 JUNE 1995

This Act shall enter into force on 1 July 1995.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 28/95 , StVM 1/95

18.4.1997/335:

This Act shall enter into force on 1 May 1997.

The provisions of this Act concerning appeals shall apply to a decision which shall be adopted after the entry into force of this Act. However, the provisions of this Act concerning an additional appeal shall be subject to the additional appeal proceedings brought before the entry into force of this Act.

THEY 7/1997 , StVM 5/1997, EV 24/1997

21.05.1999/623:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

14.6.2001/530:

This Act shall enter into force on 1 January 2002.

The decision and notification of the amount of benefit under this Act may be denominated in euro before the entry into force of this Act.

THEY 59/2001 , StVM 13/2001 EV 51/2001

9.8.2002/694:

This Act shall enter into force on 1 October 2002.

THEY 9/2002 , StVM 16/2002, EV 96/2002

3.12.2002/1034:

This Act shall enter into force on 1 January 2003.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 222/2002 , StVM 29/2002, EV 158/2002

19.12.2003/1226:

This Act shall enter into force on 1 January 2004.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 71/2003 , StVM 17/2003, EV 69/2003

30.12.2003/1329:

This Act shall enter into force on 1 January 2004.

THEY 160/2003 , StVM 29/2003, EV 125/2003

7.5.2004/361:

This Act shall enter into force on 1 June 2004. However, the second sentence of Article 14 (2) shall not apply until 1 September 2004.

The law shall also apply to a benefit unduly paid before the entry into force of the law and to the resulting claim. The period of limitation of the period of limitation shall also be taken into account before the law enters into force. However, under this law, the question shall be aged less than three years after the date of entry into force of the law, unless it becomes obsolete in accordance with the provisions in force on 31 December 2003.

THEY 158/2003 , StVM 4/2004, EV 20/2004

9.7.2004/642:

This Act shall enter into force on 1 January 2005.

THEY 76/2004 , StVM 17/2004, EV 115/2004

22.12.2006/13:

This Act shall enter into force on 1 January 2007.

The decision of the Board of Appeal, in accordance with this law, on the decision of the Board of Appeal against the decision of the Social Insurance Board shall not appeal to the right of appeal.

THEY 167/2006 , StVM 34/2006, EV 168/2006

23.11.2007/1071:

This Act shall enter into force on 1 January 2008.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 75/2007 , StVM 7/2007, EV 43/2007

19.12.2008/980:

This Act shall enter into force on 1 January 2009.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 130/2008 , StVM 23/2008, EV 133/2008

17.12.2010/1144:

This Act shall enter into force on 1 March 2011.

The amounts provided for in Article 7 of the Act correspond to the points set out in the Act on National Pensions Act 2010.

The first increase in accordance with the Law on National Pensions referred to in Article 21 shall take effect upon entry into force of the law.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 139/2010 , StVM 28/2010, EV 185/2010

17.6.2011/69:

This Act shall enter into force on 1 July 2011.

Upon the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply to matters relating to the removal of a legal decision pending before the Court of Appeal.

THEY 274/2010 , StVM 51/2010, EV 300/2010

30.11.2012/713

This Act shall enter into force on 1 January 2013. Article 21 (2) shall apply until 31 December 2015.

The amounts of child allowances provided for in Article 7 of the Act shall be deemed equivalent to the number of points referred to in the Act on National Pensions Act of 2015.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 116/2012 , StVM 20/2012, EV 114/2012

25.10.2013/732

This Act shall enter into force on 1 November 2013.

THEY 100/2013 , StVM 9/2013, EV 103/2013

ON 30 DECEMBER 2012,

This Act shall enter into force on 1 January 2014.

THEY 139/2013 , HaVM 21/2013, EV 208/2013

12.12.2014/1111:

This Act shall enter into force on 1 January 2015.

THEY 165/2014 , StVM 21/2014, EV 178/2014